Probate & Wills
Discussion
Friend of mine lost his father around October time last year. His mother died about three years before and on her death the father moved out of his home and in with my friends sister and her family.
The fathers home wasn't sold, there was talk of it being rented out but not sure this ever happened.
The father / mother were of that generation who always seemed to talk about Wills without being specific so it is a fair assumption that there was a Will in place.
My friend and his sister don't really get on an, issue which was made worse once the father had moved in - she blocked access to the father who had pretty serious dementia so wouldn't have known it was happening.
Anyway my friend isn't fussed about the Will or any right to a share of the old family home so hasn't done anything about it - other than to make a load of assumptions and compound his hatred of his sister!! However it doesn't seem right that he'd be cut out - his mother and father would have certainly wanted him to have his share so anything that's been done to change this has been underhand.
Am I right in thinking the sister would have to apply for Probate to take ownership of the house and any other money in the Estate? Could they have transferred the property and money over whilst he was still alive and thus there be no probate record?
The fathers home wasn't sold, there was talk of it being rented out but not sure this ever happened.
The father / mother were of that generation who always seemed to talk about Wills without being specific so it is a fair assumption that there was a Will in place.
My friend and his sister don't really get on an, issue which was made worse once the father had moved in - she blocked access to the father who had pretty serious dementia so wouldn't have known it was happening.
Anyway my friend isn't fussed about the Will or any right to a share of the old family home so hasn't done anything about it - other than to make a load of assumptions and compound his hatred of his sister!! However it doesn't seem right that he'd be cut out - his mother and father would have certainly wanted him to have his share so anything that's been done to change this has been underhand.
Am I right in thinking the sister would have to apply for Probate to take ownership of the house and any other money in the Estate? Could they have transferred the property and money over whilst he was still alive and thus there be no probate record?
If the sister as applied for Probate then your friend will be able to get a copy of the will.
It's difficult to change ownership of a property at Land Registry these days without a solicitor. So if he had lost his marbles it would likely be impossible, unless the solicitor was incompetent.
It's difficult to change ownership of a property at Land Registry these days without a solicitor. So if he had lost his marbles it would likely be impossible, unless the solicitor was incompetent.
That's the issue though it not showing anyone applying for probate. I can check with the land registry who owns the house but didn't want to waste time on it if there's a way she's taken everything before the death.
It is quite possible she took the house when both parents were alive as one of the assumptions is this was done so she could mortgage it to bail our her struggling business.
It is quite possible she took the house when both parents were alive as one of the assumptions is this was done so she could mortgage it to bail our her struggling business.
Definitely first thing check LR. If it's still his father's....
Who is living on house now? Who has keys? Maybe your friend should move in to protect his assets, is it insured?
Was there a will? The will names the executor....no will no executor. If no will the intestacy rules mean the estate will be shared equally between all children.
If there was a will probate will be required to change ownership of house, copies of will can then be obtained from probate court.. When was will written , was father compos mentis at this time?
Who is living on house now? Who has keys? Maybe your friend should move in to protect his assets, is it insured?
Was there a will? The will names the executor....no will no executor. If no will the intestacy rules mean the estate will be shared equally between all children.
If there was a will probate will be required to change ownership of house, copies of will can then be obtained from probate court.. When was will written , was father compos mentis at this time?
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